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RES-2019-059 RESOLUTION NO.2 01 9-0 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.2015- 05835, VARIANCE NO. 2017-05091, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00144 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00116) (5706 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No.2015-05835 to permit the sale beer and wine for off-premises consumption(Type 20 Off Sale Beer and Wine License) in association with a new 2-story convenience store and automobile service station and a Shared Parking Agreement with an adjacent property owner; (ii) Variance No. 2017-05091 to allow (a) landscape setbacks adjacent to arterial highways and (b) landscape and structural setbacks adjacent to interior property lines less than required by the Anaheim Municipal Code(the"Code");and(iii)Public Convenience or Necessity No.2019-00144 to permit the sale of beer and wine for off-site consumption within a new automobile service station and convenience store (the "Proposed Project") on a property located at 5706 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.51-acres in size. The Property is located within the General Commercial land use designation of the Anaheim General Plan. The Property is also located in the Anaheim Canyon Specific Plan No. 2015-1 "SP 2015-1",Development Area 5 (General Commercial) Zone and is subject to the zoning and development standards contained in Chapter 18.120 (Commercial Zones) of the Code; and WHEREAS, on April 1, 2019, the Planning Commission, after due inspection, investigation and study made by itself and on its behalf,and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2015- 05835 and Variance No. 2017-05091, adopted its Resolution No. PC2019-017 finding and determining that the Proposed Project was categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15032 (Class 32- In-Fill Development) and approving Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091. Concurrent with its adoption of PC2019-017, the Planning Commission adopted its Resolution No. PC2019-018 approving the request for a Public Convenience or Necessity No. 2019-00144; and WHEREAS, within the time prescribed by law, two interested parties did appeal said Planning Commission decision to the City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, on June 4, 2019, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS,the City Council does hereby find and determine,with respect to the proposed Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091 that not all of the conditions and criteria set forth in Section 18.66.060(Findings)of Chapter 18.66(Conditional Use Permits) and Chapter 18.74 (Variances) of the Code - all of which are required for approval of proposed Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091 - are present. WHEREAS, in particular, the City Council does hereby determine that the Property is a heavily-constrained site that is inadequate in size to accommodate the Proposed Project. The subject property has a width and depth of approximately 148 by 132 feet and a lot area of 0.51 acres. Specifically,the Property is not of sufficient lot size and does not have the developable area needed to accommodate the Proposed Project and the turning radius for fuel tanker trucks, the standards for placement of fuel tanks, and the need to accommodate vehicles maneuvering on-site with one access driveway on La Palma Avenue. In addition,a public utilities easement,measuring about 2,260 square feet in size, is located along the west property line, which further constrains the development potential of the site; and WHEREAS, the Proposed Project's on-site vehicular circulation plan, parking areas, delivery truck traffic maneuverability combined with the convenience market use will adversely affect the adjoining land uses and development in the area due to the potential for traffic stacking as a result Property's location adjacent to Imperial Highway at the heavily travelled intersection of Imperial Highway and La Palma Avenue. Traffic stacking and impacts to the health and safety of individuals traveling on La Palma Avenue is likely especially during times of bus loading at the transit stop for service by the Orange County Transportation Authority (OCTA) that is located between the single driveway for the Proposed Project and the intersection of La Palma Avenue and Imperial Highway. The bus service transit stop and the additional vehicular and truck trips generated by the Proposed Project, combined with the single-entry and the existing design of the Proposed Project will unduly burden La Palma Avenue and the safety of traffic thereon as well as the traffic at the intersection of La Palma Avenue and Imperial Highway; and WHEREAS, the City Council further determined that the variances for landscaping and structural setbacks inadequately address the intended design of the Anaheim Canyon Specific Plan area. In particular, the Proposed Project seeks to reduce landscape setbacks adjacent to arterial highways from the 15 feet required to between 5 and 10 feet. The City's Zoning Code establishes the development standards for landscape and structural setbacks in order to provide detailed guidance for development based on, and consistent with the land use policies established within the City's General Plan. The Proposed Project's reduction in landscape and structural setbacks provide for an inadequately designed project at a location identified as a gateway into the Anaheim Canyon Specific Plan area; and WHEREAS, a service station without a convenience store and a site design that satisfies the City's development standards for landscape and structural setbacks would mitigate the impacts to the surrounding area to a greater extent than the Proposed Project. There is no feasible mitigation, let alone mitigation to the maximum extent possible, if the Proposed Project is implemented and there are traffic or circulation issues or negative impacts to surrounding businesses as a result of Proposed Project; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence,nor are there other facts,that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091 and Public Convenience or Necessity No. 2019-00144 be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. // // // // // // THE FOREGOING RESOLUTION was adopted at the regular meeting of the City Council of the City of Anaheim this 1 8th day of June ,2019 by the following roll call vote: AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O'Neil NOES:Counci1 Members Barnes and Moreno ABSENT:None ABSTAIN:None By ./ 411 1 1 /1 R iF T9 C'T OF ANAHEIM ATTEST: CITY CLERK OF E CITY OF ANAHEIM 132912 EXHIBIT "A" DEV NO. 2015-00116 APN: 349-081-68 _______________z MI E LA PALMA AVE Ilp -,z (,ip tR4j)to t.72 d ;1151 Z 111 so 100 0 ® Source:Recorded Tract Maps and/or City GIS. Please note the accuracy is+/-two to five feet. Feet CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2019-059 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of June, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel and O'Neil NOES: Council Members Barnes and Moreno ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of June, 2019. .51 CITY CLERK OF THE CITY OF ANAHEIM (SEAL)